Smith v. Walkeen Millinery Co.
This text of 76 S.E. 992 (Smith v. Walkeen Millinery Co.) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Even if an entirely different conclusion should have been reached, and even though the judgment upon the certiorari would have been different but for intermediate error, yet where there is a judgment on the merits of the certiorari, it, matters no more that it was compelled by, and is in fact wholly dependent upon, an intermediate error antecedent to the judgment than that the judgment is error.’ The only remedy in either event must be sought by writ of error; and a renewal of the suit by a second certiorari is not available.
Judgment affirmed.
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Cite This Page — Counsel Stack
76 S.E. 992, 12 Ga. App. 119, 1913 Ga. App. LEXIS 455, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-walkeen-millinery-co-gactapp-1913.